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Whistle blowing and the “public interest”

Is it enough that a worker believes a disclosure is in the public interest? In the recent case of Okwu v. Rise Community Action, the Employment Appeal Tribunal (EAT) considered whether it is sufficient for whistle blowing protection for an employee to have a reasonable belief that their disclosure is in the public interest.
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Whistle blowing and the “public interest”

Vento bands increase

The Presidents of the Employment Tribunals in England and Wales and Scotland have issued an update to the Vento guidelines, setting out new bands as adjusted for inflation.
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Vento bands increase

Government announces measures to tackle sexual harassment at work

Earlier this week the government unveiled measures designed to combat sexual harassment at work. The Women and Equalities Select Committee reported earlier this year that sexual harassment in the workplace is "widespread and commonplace". It recommended that the government put sexual harassment at the top of its agenda, advising that (a) regulators should take a more active role, (b) enforcement processes should be modified to work better for employees and set out in code of practice; and (c) the use of non-disclosure agreements (NDAs) should be reviewed.
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Government announces measures to tackle sexual harassment at work

Employment Tribunal not bound by list of issues that miscategorises claim

In the recent case of Saha v Capita plc the Employment Appeal Tribunal (EAT) held that an Employment Tribunal (ET) is not compelled to rely on a list of issues that wrongly categorises the claim to be heard.
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Employment Tribunal not bound by list of issues that miscategorises claim

Non-executive directors can be liable for a detriment suffered by a whistleblower

In the recent case of Timis and another v. Osipov, the Court of Appeal confirmed that an individual employee, along with the employer, can be held liable for the detriment of dismissal arising from making a protected disclosure (commonly known as whistleblowing).
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Non-executive directors can be liable for a detriment suffered by a whistleblower

Kilraine v London Borough of Wandsworth [2018]

A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.
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Kilraine v London Borough of Wandsworth [2018]

Insight: UK Employment Law Round-up – August 2016

Employment Round Up THUMBNAIL In this month’s issue we consider the case of Dronsfield v. University of Reading, in particular the EAT’s observations in that case about how disciplinary investigations should be conducted and the role of HR in finalising investigatory reports and disciplinary decisions.

We also look at a recent case on the definition of “worker” for whistleblowing purposes, which established that, in some circumstances, a “worker/employer” relationship may be established between an agency worker and an end user.

We consider the “cautionary tale” of Byron Burger on how not to assist in a Home Office investigation, with a brief reminder of the risk of not carrying out appropriate “right to work” checks.

Finally, we consider what’s next for UK employment law – not just in the context of Brexit, but also in terms of the pledges and agendas our political leaders have set out.

Read the full newsletter here.

Insight: UK Employment Law Round-up – August 2016

Insight: UK Employment Law Round-up – May 2016

During our Annual Update seminar on 27 April 2016, we discussed some of the legislative changes that employers should look out for over the next 12 months. One of these was the Trade Union Bill having now received Royal Assent.

UK Employment Newsletter 3DCoverIn this issue we also look at the EU’s Trade Secrets Directive and how this could impact on whistleblowers in the UK, as well as the Government’s call for evidence on the use of non-compete clauses.

We will also analyse cases which look at whether employees have a right to privacy in the workplace regarding email communications, whether terms contained in an employee handbook can be incorporated within an employee’s contract of employment and how tribunals should approach the remedy of re-engagement.

Read the full newsletter here.

Insight: UK Employment Law Round-up – May 2016

Insight: UK Employment Law Round-up – April 2016

29280_Employment-Round-Up_THUMBNAIL In this issue, we consider the requirements of recent legislative changes including the new whistleblowing regime for financial institutions and the updated employment rates/limits for 2016/2017. Hot on the heels of International Women’s Day, we also explain how the spotlight on diversity continues with the release of EHRC guidance on improving diversity at senior levels of business. Another complicated area for clients can be dealing with issues surrounding PHI schemes and we analyse a recent decision in this field.

Read the full newsletter here.

Insight: UK Employment Law Round-up – April 2016

Insight: UK Employment Law Round-up – January 2016

UK Employment Newsletter 3DCover In this edition we will be taking a look at the issues that are likely to be affecting employers in 2016, starting with a round-up of the cases to watch out for which will affect redundancy consultation processes, the extent of whistleblower protections and what might be expected of data controllers when complying with subject access requests. There are, of course, many other cases coming before the appellate courts this year which will shape the ever-changing employment law landscape in 2016.

Read the full newsletter here.

Insight: UK Employment Law Round-up – January 2016